This bill also alters the penalties for operating without insurance. Under this
bill, a person who violates the requirement that the owner or operator of a motor
vehicle be insured is subject to the following penalties:
1. A forfeiture of $100 for a first offense.
2. A forfeiture of not less than $250 nor more than $750 for a second or
subsequent offense occurring within three years.
3. If the person, in the course of a second or subsequent violation, causes great
bodily harm to another, a forfeiture of not less than $250 nor more than $2,500.
4. If the person, in the course of violation, causes the death of another, a
forfeiture of not less than $500 nor more than $7,500.
This bill also provides that, for a first offense, if a person obtains sufficient
motor vehicle liability insurance before the person's appearance in court, the court
may not impose a penalty.
This bill also eliminates the exemption of operating without insurance offenses
from certain surcharges and fees that generally must be paid by persons who violate
traffic laws.
Currently, if the Department of Transportation receives a certified copy of a
judgment for damages of $500 or more arising out of a motor vehicle accident, DOT
must, with certain exceptions, immediately suspend the operating privilege and all
registrations of the person against whom the judgment was rendered unless the
person can provide proof of financial responsibility. Proof of financial responsibility
may be given by filing certification of coverage under a motor vehicle liability
insurance policy with minimum limits for any single accident of $25,000 for bodily
injury to or death of one person, $50,000 for bodily injury to or death of more than
one person, and $10,000 for property damage. Alternatively, proof of financial
responsibility may be furnished by depositing with DOT $60,000 in cash or certain
securities with a market value of $60,000. DOT must then hold the deposit of cash
or securities to satisfy any judgment against the person making the deposit for
damages resulting from the ownership, maintenance, use, or operation of a motor
vehicle, including damages for bodily injury, death, or property damage.
Under this bill, if DOT receives a record of conviction for operating a motor
vehicle on a highway without having in effect a motor vehicle liability insurance

policy with respect to the vehicle, DOT must suspend the person's operating privilege
and all registrations of the person unless the person can provide proof of financial
responsibility. The proof of financial responsibility requirement remains in effect for
one year for a first offense and for two years for a second or subsequent offense from
the date of conviction.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB25,1 1Section 1. 165.755 (1) (b) of the statutes is amended to read:
SB25,3,62 165.755 (1) (b) A court may not impose the crime laboratories and drug law
3enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a
4financial responsibility violation under s. 344.62 (2),
or for a violation of a state law
5or municipal or county ordinance involving a nonmoving traffic violation, a violation
6under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
SB25,2 7Section 2. 302.46 (1) (a) of the statutes is amended to read:
SB25,3,178 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
9or for a violation of a municipal or county ordinance except for a violation of s. 101.123
10(2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation
11of state laws or municipal or county ordinances involving nonmoving traffic
12violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
13347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
14amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
15If multiple offenses are involved, the court shall determine the jail surcharge on the
16basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
17the court shall reduce the jail surcharge in proportion to the suspension.
SB25,3 18Section 3. 343.21 (1) (jg) of the statutes is created to read:
SB25,4,3
1343.21 (1) (jg) In addition to any other fee under this subsection, for
2reinstatement of an operating privilege previously revoked or suspended resulting
3from the conviction of an offense under s. 344.62 (1), $18.
SB25,4 4Section 4. 344.25 (title) of the statutes is amended to read:
SB25,4,6 5344.25 (title) Suspension for nonpayment of judgment or certain
6financial responsibility violations
; exceptions.
SB25,5 7Section 5. 344.25 of the statutes is renumbered 344.25 (1), and 344.25 (1) (f),
8as renumbered, is amended to read:
SB25,4,119 344.25 (1) (f) Notwithstanding sub. (5), subs. (2) and (3) par. (e), pars. (b) and
10(c)
apply to a damage judgment in accordance with s. 344.05 against a resident of this
11state which has been entered by an Indian tribal court in this state.
SB25,6 12Section 6. 344.25 (2m) of the statutes is created to read:
SB25,4,1513 344.25 (2m) The secretary shall suspend a person's operating privilege and all
14registrations of the person upon receiving a record of conviction showing that the
15person has been convicted of an offense under s. 344.62 (1).
SB25,7 16Section 7. 344.26 (title) of the statutes is repealed and recreated to read:
SB25,4,17 17344.26 (title) Term of suspension.
SB25,8 18Section 8. 344.26 (1) (a) of the statutes is amended to read:
SB25,5,219 344.26 (1) (a) Subject to the exceptions stated in ss. 344.25 (2) (1) (b) and 344.27
20(2), any operating privilege or registration suspended or revoked under s. 344.25 (1)
21shall remain suspended or revoked for 5 years from the date of entry of judgment or
22until the judgment is stayed, satisfied, or discharged, whichever is earlier, and,
23unless 3 years have elapsed since the date on which the judgment was stayed,
24satisfied, or discharged or 8 years have elapsed since the date of entry of judgment,
25whichever is earlier, or unless the person is a nonresident, until the person whose

1operating privilege and registration was suspended or revoked furnishes and
2maintains in effect proof of financial responsibility for the future.
SB25,9 3Section 9. 344.26 (1) (am) of the statutes is created to read:
SB25,5,84 344.26 (1) (am) 1. Any operating privilege or registration suspended under s.
5344.25 (2m) for a first offense under s. 344.62 (1) shall remain suspended for one year
6from the date of conviction or until the person whose operating privilege and
7registration was suspended furnishes and maintains in effect proof of financial
8responsibility for the future.
SB25,5,139 2. Any operating privilege or registration suspended under s. 344.25 (2m) for
10a 2nd or subsequent offense under s. 344.62 (1) shall remain suspended for 2 years
11from the date of conviction or until the person whose operating privilege and
12registration was suspended furnishes and maintains in effect proof of financial
13responsibility for the future.
SB25,10 14Section 10. 344.26 (1) (b) (intro.) of the statutes is amended to read:
SB25,5,2015 344.26 (1) (b) (intro.) If suspension of any operating privilege or registration
16under s. 344.25 (1) was terminated before 5 years from the date of entry of judgment
17because an exception under s. 344.25 (2) (1) (b) or 344.27 (2) applied and the
18judgment debtor's operating privilege or registration is subsequently suspended
19under s. 344.25 (2) (1) (b) or 344.27 (3), the operating privilege or registration shall
20remain suspended for all of the following periods:
SB25,11 21Section 11. 344.26 (1) (b) 1. of the statutes is amended to read:
SB25,6,322 344.26 (1) (b) 1. Five years from the date of suspension under s. 344.25 (2) (1)
23(b)
or 344.27 (3) or until the judgment is stayed, satisfied, or discharged, whichever
24is earlier. A suspension period that commences on the date of suspension under s.
25344.25 (2) (1) (b) or 344.27 (3) under this subdivision shall be reduced by the amount

1of time that the judgment debtor's operating privilege or registration was suspended
2under s. 344.25 (1) before one of the exceptions under s. 344.25 (2) (1) (b) or 344.27
3(2) was satisfied.
SB25,12 4Section 12. 344.62 (1) of the statutes is amended to read:
SB25,6,195 344.62 (1) Except as provided in s. 344.63, no person may operate a motor
6vehicle upon a highway or upon premises held out to the public for the use of their
7motor vehicles, premises provided by employers to employees for the use of their
8motor vehicles, or premises provided to tenants of rental housing in buildings of 4 or
9more units for the use of their motor vehicles
in this state unless the owner or
10operator of the vehicle has in effect a motor vehicle liability policy with respect to the
11vehicle being operated. A traffic officer shall cite a person under this subsection if
12the traffic officer does not know that the person is operating his or her motor vehicle
13in compliance with this subsection and the person does not have in his or her
14immediate possession proof of compliance with this subsection. At the time that a
15citation is issued for a violation of this subsection, the law enforcement officer issuing
16the citation shall inform the person to whom the citation is issued that the penalty
17amount may be reduced if the person obtains a motor vehicle liability policy with
18respect to the motor vehicle operated in the violation no later than the time of the
19person's appearance in court.
SB25,13 20Section 13. 344.62 (2) of the statutes is repealed.
SB25,14 21Section 14. 344.64 of the statutes is repealed.
SB25,15 22Section 15. 344.65 (1) (a) of the statutes is renumbered 344.65 (1) (a) 1. and
23amended to read:
SB25,7,524 344.65 (1) (a) 1. Any Except as provided in subds. 2. to 4., any person who
25violates s. 344.62 (1) may shall be required to forfeit not more than $500 $100 for a

1first offense and not less than $250, plus costs, fees, and surcharges as provided in
2s. 345.47 (1), nor more than $750, plus costs, fees, and surcharges as provided in s.
3345.47 (1), for a 2nd or subsequent offense occurring within 3 years.
4Notwithstanding s. 345.47 (1), the court may not impose costs, fees, or surcharges for
5a first offense under this subdivision
.
SB25,16 6Section 16. 344.65 (1) (a) 2. of the statutes is created to read:
SB25,7,117 344.65 (1) (a) 2. Any person who commits a 2nd or subsequent violation of s.
8344.62 (1) and, in the course of the violation, causes great bodily harm, as defined in
9s. 939.22 (14), to another person may be required to forfeit not less than $250, plus
10costs, fees, and surcharges as provided in s. 345.47 (1), nor more than $2,500, plus
11costs, fees, and surcharges as provided in s. 345.47 (1).
SB25,17 12Section 17. 344.65 (1) (a) 3. of the statutes is created to read:
SB25,7,1613 344.65 (1) (a) 3. Any person who violates s. 344.62 (1) and, in the course of the
14violation, causes the death of another person may be required to forfeit not less than
15$500, plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than
16$7,500, plus costs, fees, and surcharges as provided in s. 345.47 (1).
SB25,18 17Section 18. 344.65 (1) (a) 4. of the statutes is created to read:
SB25,7,2518 344.65 (1) (a) 4. If, no later than the time of the person's appearance in court,
19the person provides proof that he or she currently has in effect a motor vehicle
20liability policy with respect to the motor vehicle operated in the alleged violation of
21s. 344.62 (1) for a person's first violation of s. 344.62 (1) in the person's lifetime, the
22court may not impose a penalty or any cost, fee, or surcharge associated with the
23violation. This proof may be provided to the clerk of courts in the county where the
24offense allegedly occurred. This subdivision does not apply to a violation to which
25subd. 3. applies.
SB25,19
1Section 19. 344.65 (1) (b) of the statutes is repealed.
SB25,20 2Section 20. 344.65 (1) (c) of the statutes is amended to read:
SB25,8,163 344.65 (1) (c) No person charged with violating s. 344.62 (2) (1) may be
4convicted if the person produces proof that he or she was in compliance with s. 344.62
5(1) at the time the person was issued a uniform traffic citation for violating s. 344.62
6(2)
the violation. This proof may be produced either at the time of the person's
7appearance in court in response to the citation; if provided before the time of the
8person's appearance in court, to the clerk of courts in the county where the offense
9allegedly occurred;
or, if provided within 10 days of the citation, in the office of the
10traffic officer issuing the citation. This proof may be produced in either paper or
11electronic format, including by display of electronic images on a cellular telephone
12or other electronic device. If this proof is displayed in electronic format on any
13cellular telephone or other electronic device, the person to whom the proof is
14displayed may not view, and producing proof in electronic format is not considered
15consent for the person to view, any content on the telephone or other device except
16the proof required under s. 344.62 (2) to demonstrate compliance with s. 344.62 (1).
SB25,21 17Section 21. 344.65 (2) of the statutes is repealed.
SB25,22 18Section 22. 757.05 (1) (a) of the statutes is amended to read:
SB25,9,319 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
20state law or for a violation of a municipal or county ordinance except for a violation
21of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2),
22or for a violation of state laws or municipal or county ordinances involving
23nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
24violations under s. 347.48 (2m), there shall be imposed in addition a penalty
25surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.

1If multiple offenses are involved, the penalty surcharge shall be based upon the total
2fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
3in part, the penalty surcharge shall be reduced in proportion to the suspension.
SB25,23 4Section 23. 814.63 (1) (c) of the statutes is amended to read:
SB25,9,85 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
6101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a
7violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48
8(2m).
SB25,24 9Section 24. 814.63 (2) of the statutes is amended to read:
SB25,9,1610 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
11violation of a county, town, city, village, town sanitary district, or public inland lake
12protection and rehabilitation district ordinance, except for an action for a financial
13responsibility violation under s. 344.62 (2) or
for a violation under s. 343.51 (1m) (b)
14or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town
15sanitary district, or public inland lake protection and rehabilitation district shall pay
16a nonrefundable fee of $5 to the clerk of circuit court.
SB25,25 17Section 25. 814.65 (1) of the statutes is amended to read:
SB25,9,2418 814.65 (1) Court costs. In a municipal court action, except for a financial
19responsibility violation under s. 344.62 (2) or
for a violation of an ordinance in
20conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect
21a fee of not less than $15 nor more than $38 on each separate matter, whether it is
22on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
23summons, or the action is tried as a contested matter. Of each fee received by the
24judge under this subsection, the municipal treasurer shall pay monthly $5 to the

1secretary of administration for deposit in the general fund and shall retain the
2balance for the use of the municipality.
SB25,26 3Section 26. 814.85 (1) (a) of the statutes is amended to read:
SB25,10,94 814.85 (1) (a) Except for an action for a financial responsibility violation under
5s. 344.62 (2), or
for a violation under s. 343.51 (1m) (b) or a safety belt use violation
6under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
7support services surcharge from any person, including any governmental unit as
8defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
9(1).
SB25,27 10Section 27. 814.86 (1) of the statutes is amended to read:
SB25,10,1711 814.86 (1) Except for an action for a financial responsibility violation under s.
12344.62 (2), or
for a violation under s. 343.51 (1m) (b) or a safety belt use violation
13under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
14information system surcharge from any person, including any governmental unit, as
15defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
16(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
17addition to the surcharge listed in sub. (1m).
SB25,28 18Section 28. Nonstatutory provisions.
SB25,10,2419 (1) Notwithstanding section 16.42 (1) (e) of the statutes, if this subsection takes
20effect in fiscal year 2016-17, in submitting information under section 16.42 of the
21statutes for purposes of the 2017-19 biennial budget bill, the department of
22transportation shall submit information concerning the appropriation under section
2320.395 (5) (cq) of the statutes as though the increase in the dollar amount of that
24appropriation by Section 29 (1) of this act had not been made.
SB25,29 25Section 29 . Fiscal changes.
SB25,11,5
1(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
2to the department of transportation under section 20.395 (5) (cq) of the statutes, as
3affected by the acts of 2017, the dollar amount is increased by $295,000 for the fiscal
4year in which this subsection takes effect to increase funding for enforcing and
5administering the motor vehicle financial responsibility program.
SB25,30 6Section 30 . Initial applicability.
SB25,11,117 (1) The treatment of section 344.65 (1) (b) and (c) and (2) of the statutes, the
8renumbering and amendment of section 344.65 (1) (a) of the statutes, and the
9creation of section 344.65 (1) (a) 2. and 3. of the statutes first apply to violations
10committed on the effective date of this subsection, but does not preclude the counting
11of other violations as prior violations for purposes of sentencing a person.
SB25,11,1312 (2) The treatment of sections 344.25 (2m) and 344.26 (1) (am) of the statutes
13first applies to violations committed on the effective date of this subsection.
SB25,31 14Section 31. Effective dates. This act takes effect on the day after publication,
15except as follows:
SB25,11,2016 (1) The treatment of sections 344.25 (title) and 344.26 (1) (a) and (b) (intro.) and
171. of the statutes, the renumbering and amendment of section 344.25 of the statutes,
18the repeal and recreation of 344.26 (title) of the statutes, and the creation of sections
19344.25 (2m) and 344.26 (1) (am) of the statutes and Section 30 (2) of this act take
20effect on the first day of the 10th month beginning after publication.
SB25,11,2121 (End)
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